Author Archives: MaryWyatt Sindlinger

About MaryWyatt Sindlinger

MaryWyatt Sindlinger, B.A. (UofC), LL.B. (UofC), LL.M. (UofC). Sessional Instructor, University of Calgary. MaryWyatt articled with the Court of Queen’s Bench, Court of Appeal of Alberta and Alberta Justice (Crown Prosecutor’s Office). She was called to the Bar in Alberta in 1999 and practiced law at Fraser Milner Casgrain until 2003 when she returned to the Crown Prosecutor’s office for one year. After receiving her LL.M. in 2010, she began teaching introductory courses in the Law and Society department in the Faculty of Arts at the University of Calgary. Her research interests are in the areas of law, mental health, and end of life issues.

Advance Costs and Trusts: Little Sisters and Okanagan Distinguished

PDF Version: Advance Costs and Trusts: Little Sisters and Okanagan Distinguished

Case commented on: 1985 Sawridge Trust v Alberta (Public Trustee), 2013 ABCA 226

The Alberta Court of Appeal recently upheld an award of advance costs originally granted in 1985 Sawridge Trust v Alberta (Public Trustee), 2013 ABCA 226. In so doing, the Court of Appeal distinguished British Columbia (Minister of Forests) v Okanagan Indian Band, 2003 SCC 71, [2003] 3 SCR 371 [Okanagan] and Little Sisters Book and Art Emporium v Canada (Commissioner of Customs and Revenue), 2007 SCC 2, [2007] 1 SCR 38 [Little Sisters (No.2)] concluding that the strict requirements of Little Sisters and Okanagan did not apply in the unique, non-adversarial circumstances of Sawridge Trust.

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